RAP 16.26

  PERSONAL RESTRAINT PETITIONS IN CAPITAL CASES - DISCOVERY

     (a) Before or after a person under sentence of death
files a personal restraint petition, the Supreme Court, on
motion of that person, may order discovery.  To obtain such
an order, the person under sentence of death must establish
facts that give rise to a substantial reason to believe that
the discovery will produce information that would support
relief under RAP 16.4(c).  Information in support of the
request that the person under sentence of death believes is
privileged may be separated into a second confidential
affidavit which identifies the asserted privilege with
specificity and the law supporting the assertion of the
privilege.  Any affidavit which does not contain
confidential information and the motion must be served on
the prosecutor.  The procedure for and form of the motion is
as provided in RAP Title 17.  Motions will ordinarily be
considered without oral argument.  Prior to ruling on the
motion, the Court will review the confidential affidavit to
determine whether the contents therein are protected by the
asserted privilege.  If the asserted privilege does not
apply, the court will serve the State with a copy of the
confidential affidavit at least five working days before the
State's response to the motion is due.
     (b) After a person under sentence of death has filed a
personal restraint petition, the Supreme Court, on motion of
the State, may order discovery.  To obtain such an order,
the State must establish facts that give rise to a
substantial reason to believe that the discovery will
produce information that would support the denial of relief
under RAP 16.4(c).
     (c) Discovery conducted pursuant to this rule shall be
governed by the civil rules, unless otherwise ordered by the
court.
     (d) In the event a remand hearing is ordered, discovery
shall be governed by RAP 16.12.
     (e) Discovery may be allowed for preparation of a
second or subsequent petition attacking the same judgment
and sentence only upon a substantial showing that the
petition is not barred by RCW ch. 10.73 or RAP 16.4(d).